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Murder Notes - Law LLB
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This is part of a bundle of notes on the Homicide topic of Criminal Law term 2. Includes: - A small section on murder - Voluntary Manslaughter -Involuntary Manslaughter
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Types of Homicide – unlawful killing of a person Murder: intention to kill or cause GBH
Manslaughter
- Voluntary: murder but where there is some form of partial defence
- Involuntary: unlawful killings where there isn’t an intention to kill or cause
grievous bodily harm.
Assisted suicide
Infanticide
Vehicular homicide offences
‘a rickety structure set upon shaky foundations.’ Law Commission, Murder,
Manslaughter and Infanticide (No 304, 2006)
Murder: Sentencing
Only offence in English law that carries Mandatory life sentence
Minimum tariff period = 21 years
Release on license: Once you are released from prison after the minimum tariff
period, you are released on license: continue to be monitored, you could be called
back to prison at any time if it is determined that you could pose dangers. Don’t
necessary need commit a new act.
This is laid out in Criminal Justice Act 2003, s269 and sch 21
Murder: Definition
Common law offence
C17th definition: “unlawfully killeth … any reasonable creature in rerum natura
under the King’s peace … so as the party wounded, or hurt etc., die of the wound or
hurt within a year and a day after the same.” Sir Edward Coke, 3 Institutes of the
Laws of England 47
Modern definition: ‘unlawful killing of any person under the Queen’s peace with
malice aforethought.’
Murder: Actus Reus
Act or Omission – act:
Gibbins and Proctor (1918) 13 Cr App R 134 – neglect to feed the child of which they
had a duty to do so omission was done deliberately with the intention to cause GBH
or kill, then it is murder as opposed manslaughter (which is the result of negligence)
V is a reasonable person in being – circumstance
At the beginning of life, what point does a foetus become a person hat can then
be murdered?
Fully expelled from mother’s womb.
Not necessary for cord to be cut Rance [1991]
A-G’s Ref (No 3 of 1994) [1998] AC 245, [1997] 3 All ER 936 – transferred malice
case.
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